December 1525

The Lost Opportunity

The juvenile rapist Bill passed by Parliament may not mitigate crimes due to several unanswered questions like:

(a) Whether to continue with the Juvenile Justice Board;

(b) where to lodge the juvenile rapists- in jails with adults or in juvenile homes;

(c) Quantum and  type of of  punishment-whether  chemical castration for juveniles and 25 to 30 years of imprisonment for adults

(d) Why were questions of giving  retrospective effect to legislation and extension of detention  of Nirbhaya’s rapist, not debated by Parliament in terms of Supreme court’s  latest verdict/observations  in the case? Release of rapist would also force Nirbhaya's parents to live in constant fear of being attacked. The rapist will also live under threat of  public lynching due to extreme rage and contempt against him. Psychotic conditions could result in suicidal tendencies. One hopes, the President of India would address these concerns before

according his assent to the bill to enact the law.

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Hats off to PM Modi for his birthday diplomacy by his stop over at Lahore, enroute India. Today is Qaid-e Azam's, Vajpayee ji's and Nawaz Sharif's birthdays. Credit goes to India's NSA-- Ajit Doval, Sir. Modi's honesty in walking an extra mile, must be reciprocated with matching warmth..Modi is a fast-track statesman with no time to waste. No room for mutual mistrust ,distrust and acrimony. People on both sides of LOC, want amicable relations. The moot question is: Will Pak army permit a defrost in relations between two neighbours?

Let the opportunity not be lost by a repeat of Kargil -like situation..It is understood that even MEA was not kept in the loop. But, Sushma Swaraj was privy to the secret decision.

But, why is the Congress opposed to the carry forward of dialogue between India and Pakistan ?

To hell with the hardliners on both sides of LOC.

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December 1523

The Lost Opportunity

The Parliament passing the juvenile rapist bill in a huff, is meaningless. It will not mitigate juvenile rapes and murders Many loopholes. Quantum of punishment, fate of juvenile justice board, where to lodge juvenile rapists - along with adults or separately. Could there be differential punishments like chemical castration for juveniles and 25 to 30 years of life imprisonment for the adults ? Why could the legislation not have retrospective effect ? Was it not possible in the light of Supreme court's latest observation on Nirbhaya case?

EVEN EXTENDED DETENTION OF NIRBHAYA'S RAPIST COULD BE ALLOWED BY THE PARLIAMENT DESPITE BEING FREED BY SUPREME COURT. PARLIAMENT IS SUPREME TO LEGISLATE ON MAKING RETROSPECTIVE LAWS. Justice was not given to Nirbhaya.even after three years. Release of Nirbhaya's juvenile rapist has put Nirbhaya's parents live in permanent fear. Even the rapist would face the danger of public lynching in the face of public outrage. In the absence of application of mind by the Parliament, the exercise has been a total failure. LET THE PRESIDENT OF INDIA NOT ACCORD HIS ASSENT TO THE BILL AND MAKE IT AN ACT, TILL THE ABOVE DEFICIENCIES ARE SORTED OUT TO MAKE THE LAWS MORE EFFECTIVE AND MEANINGFUL.

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The indians are fed up with Parliamentary form of democracy. The advent of coalition govt. has made it worse with its glorious uncertainties and compulsions of coalition dharma. Accountability of Parliament to people is missing. Bills remain pending in Rajya Sabha for unlimited period. Opposition thronging the well of the house and shouting slogans, go unpunished. MPs get fat salaries, privileges and freebies without working. Huge expenditure is incurred on their elections with black money flowing. These modern Maharajas are more self-seeking and blood-sucking than their precursors - the 560 princes of native states. Should India experiment with the Presidential form of government ?At least, a public debate on reviewing the Constitution should start.

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The suggestion to do away with IAS (WIC, Dec 21) seems irrational. In fact, according financial edge to the IAS smacks of bureaucratic racism. The IAS officers presently get a two-year edge over other services for getting empanelled to come on deputation at the Centre besides get two additional increments @ 3 percent over their basic pay at three promotion stages i.e.STS, JAG and NFSG levels. It thus becomes the primus interpares with other Services. The discrimination must be removed to bring all Services at par.

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Out of six convicts of Nirbhaya case, one died in prison, four were handed death sentences. Their appeals are pending in Supreme court. The sixth, a juvenile rapist stands released. He was short of being a major (18 yrs.) by six months at the time of crime. Strange mathematics of juvenile justice delivery mechanism. The court acted as per Law? There exists so much societal contempt and hatred against the juvenile rapist that, once released, he could either attempt suicide or be shot at. Worse still, what is the guarantee that he does not repeat the same crime. Neither the Central govt nor the Court could be blamed.  It is the Congress - dominated Rajya Sabha, where the Bill is pending consideration.

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December 1520

Is this democracy?

The National Herald case stinks of fraud and misappropriation - a classic case where fraudsters allegedly create dodgy wealth, transfers and then sit on it - knowing full well that the legal system will take decades to resolve. What was the motive behind collecting goons and exhort them to create breach of  peace around the court’s premises in Delhi? What kind of message,a mainstream political party intends to send to people of India?

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All Services must be treated at par. Inter-Services rivalry is growing nastier, leading to decline in morale and efficiency. Creating a unified single Service would have been ideal in order to remove the existing anomalies in service conditions. Members could be imparted training as per specific modules to meet the requirement of job profiles. This will require careful examination after taking into consideration the pros and cons. For the present, however, following steps should be taken to stop further heart-burnings and frustration among the non-IAS services and remove discrimination:

(a)Same initial pay-scales for all services;

(b) No time-scale promotions; this involves undeserved advantage ;

(c) System of performance-based promotions should be introduced;

(d) Break silos for senior level appointments ie Director and above;

(e) The posts of union Cabinet  Secy, Defence and Home secretaries should not be monopolized by one  elite Service.

These  posts  should be thrown open to other Services too provided there is a level playing field, as enumerated above. All Services have brilliant officers.

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Considering compulsions of coalition govt , governance in Bihar may not be a cakewalk. With his politically immature son as Dy CM, Lalu Yadav as leader of the largest party will constantly interfere with decision making resulting in friction. Pre-election bon homie may not lead to post election good governance. The Congress party will also demand its pound of flesh. Do not forget, Nitish Kumar and Rahul Gandhi perceive themselves as the Prime Ministerial aspirants in 2019 General election. Absence of Mulayam Singh and UP,CM, is baffling. With multiple centres of power in the political Executive , the Bihar bureaucracy will be the worst sufferer.

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December 1511

Bureaucratic Racism

The media report ( Indian Express, Dec 7,2015) about the lavish dinner hosted by Secretary, (Urban Dev) to elite officers on completion of probational attachments makes a disturbing reading. Ignoring officers of other Services , has revived the unsavoury controversy exposing the feudal mindset of the power that be. Feast was not important; but promoting inter-Services discrimination was certainly not in good taste. Against this backdrop, formal protests by officers of “weaker” Services, is justified. Inter-services friction must be mitigated, better still, eliminated by providing a level playing field. I would urge PM Modi to order an impact assessment study of the probational attachment experiment through an independent agency.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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